05a00071
03-02-2000
Shirley A. Varnado, Complainant, v. Janet Reno, Attorney General, Department of Justice, Agency.
Shirley A. Varnado v. Department of Justice
05A00071
March 2, 2000
Shirley A. Varnado, )
Complainant, )
) Request No. 05A00071
v. ) Appeal No. 01976326
) Agency No. D-93-3221;
) DJ-187-1-120
Janet Reno, )
Attorney General, )
Department of Justice, )
Agency. )
____________________________________)
DENIAL OF REQUEST FOR RECONSIDERATION
On October 18, 1999, Shirley A. Varnado (complainant) initiated a request
to the Equal Employment Opportunity Commission (Commission) to reconsider
the decision in Shirley A. Varnado v. United States Department of Justice,
EEOC Appeal No. 01976326 (August 26, 1999).<1> EEOC Regulations provide
that the Commissioners may, in their discretion, reconsider any previous
Commission decision where the requesting party demonstrates that: (1)
the appellate decision involved a clearly erroneous interpretation
of material fact or law; or (2) the appellate decision will have a
substantial impact on the policies, practices, or operations of the
agency. See 64 Fed. Reg. 37,644, 37,654 (1999) (to be codified and
hereinafter referred to as 29 C.F.R. � 1614.405(b)).
After a review of complainant's request for reconsideration, the previous
decision, and the entire record, the Commission finds complainant's
request does not meet the criteria of 29 C.F.R. � 1614.405(b), and
it is the decision of the Commission to deny complainant's request.
The decision of the Commission in EEOC Appeal No. 01976326 remains
the Commission's final decision. There is no further right of
administrative appeal from a decision of the Commission on a request
for reconsideration.<2>
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P1199)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. You have the
right to file a civil action in an appropriate United States District
Court WITHIN NINETY (90) CALENDAR DAYS from the date that you receive
this decision. If you file a civil action, YOU MUST NAME AS THE DEFENDANT
IN THE COMPLAINT THE PERSON WHO IS THE OFFICIAL AGENCY HEAD OR DEPARTMENT
HEAD, IDENTIFYING THAT PERSON BY HIS OR HER FULL NAME AND OFFICIAL TITLE.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your
time in which to file a civil action. Both the request and the civil
action must be filed within the time limits as stated in the
paragraph above ("Right to File A Civil Action").
FOR THE COMMISSION:
March 2, 2000
DATE Carlton M. Hadden, Acting Director
Office of Federal Operations
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
_______________ ___________________________
Date
1On November 9, 1999, revised regulations governing the EEOC's
federal sector complaint process went into effect. These regulations
apply to all federal sector EEO complaints pending at any stage in
the administrative process. Consequently, the Commission will apply
the revised regulations found at 64 Fed. Reg. 37,644 (1999), where
applicable, in deciding the present appeal. The regulations, as amended,
may also be found at the Commission's website at WWW.EEOC.GOV.
2In addition to the above stated reasons for denying complainant's
request for reconsideration, the Commission also denies the request
pursuant to Fed.Reg. 37,644, 37,659 (1999) (to be codified at and
hereinafter referred to as 29 C.F.R. � 1614.403(d)) which provides, in
pertinent part, that the Commission will accept briefs or statements
in support by facsimile transmission provided they are no more than
ten pages long. In this case, complainant has submitted an request by
facsimile transmission that is twenty-eight pages long. Therefore,
in accordance with 29 .C.F.R. � 1614.403 (d) the Commission denies
complainant's request for reconsideration.